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CHELDEN RADIO C. CO. et al. v. W.C.A. BD. et al.

Appeal, No. 162 C.D. 1973.

10 Pa.Commw. 478 (1973)

Chelden Radio Cab Company and Westmoreland Casualty Company, Appellants, v. Workmen's Compensation Appeal Board and Anna Horvath, Widow of George Horvath, Deceased, Appellees.

Commonwealth Court of Pennsylvania.

November 2, 1973.

Attorney(s) appearing for the Case

Earl T. Britt, with him Duane, Morris & Heckscher, for appellants.

David F. Kaliner, with him James N. Diefenderfer, for appellees.

Argued October 5, 1973, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, November 2, 1973:

The issue in this case is whether it was error as a matter of law for the Workmen's Compensation Appeal Board to affirm the finding of the referee that claimant-appellee's decedent was within the course of his employment at the time of his death. We find that it was not error.

Claimant-appellee's decedent was a cab driver for employer-appellant. His regular working hours were 5:00 p.m. to 2:30 a.m. However, it...

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